Beruflich Dokumente
Kultur Dokumente
*
G.R. No. 133064. September 16, 1999.
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* EN BANC.
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PUNO, J.:
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The denial of this right in R.A. No. 8528 gives them proper
standing to strike the law as unconstitutional.
Second. The plea that this court back off from assuming
jurisdiction over the petition at bar on the ground that it
involves a political question has to be brushed aside. This
plea has long lost its appeal especially in light of Section 1
of Article VIII of the 1987 Constitution which defines
judicial power as including the duty of the courts of justice
to settle actual controversies involving rights which are
legally demandable and enforceable, and to determine
whether or not there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction on the part of
any branch or instrumentality of the government. To be
sure, the cut between a political and justiciable issue has
been made by this Court in many6 cases and need no longer
mystify us. In Taada v. Cuenco, we held:
x x x
The term political question connotes what it means in
ordinary parlance, namely, a question of policy. It refers to those
questions which under the Constitution are to be decided by the
people in their sovereign capacity or in regard to which full
discretionary authority has been delegated to the legislative or
executive branch of the government. It is concerned with issues
dependent upon the wisdom, not legality, of a particular
measure.
7
In Casibang v. Aquino, we defined a justiciable issue as
follows:
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The registered voters of Santiago City will vote for and can be
voted as provincial officials (Sections 451 and 452 [c], R.A. No.
7160).
The City Mayor will now be under the administrative
supervision of the Provincial Governor who is tasked by law to
ensure that every component city and municipality within the
territorial jurisdiction of the province acts within the scope of its
prescribed powers and functions (Section 29 and 465 [b] [2] [i],
R.A. No. 7160), and to review (Section 30, R.A. No. 7160) all
executive orders submitted by the former (Section 455 [b] [1] [xii],
R.A. No. 7160) and (R)eportorial requirements with respect to the
local governance and state of affairs of the city (Section 455 [b] [1]
[xx], R.A. No. 7160). Elective city officials will also be effectively
under the control of the Provincial Governor (Section 63, R.A. No.
7160). Such will be the great change in the state of the political
autonomy of what is now Santiago City where by virtue of R.A.
No. 7720, it is the Office of the President which has supervisory
authority over it as an independent component city (Section 25,
R.A. No. 7160 Section 4 [ARTICLE X], 1987 Constitution).
The resolutions and ordinances adopted and approved by the
Sangguniang Panlungsod will be subject to the review of the
Sangguniang Panlalawigan (Sections 56, 468 [a] [1] [i], 468 [a] [2]
[vii], and 469 [c] [4], R.A. No. 7160). Likewise, the decisions in
administrative cases by the former could be appealed and acted
upon by the latter (Section 67, R.A. No. 7160).
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called for the purpose in the LGU or LGUs affected. The plebiscite
shall be conducted by the Commission on Elections (COMELEC)
within one hundred twenty (120) days from the effectivity of the
law or ordinance prescribing such action, unless said law or
ordinance fixes another date.
x x x.
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11 See also Rule II, Article 6, par. F(1) of the Implementing Rules of the
Local Government Code.
12 Pimentel, The Local Government Code of 1991, The Key to National
Development, p. 36.
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Approved.
Mr. President. House Bill No. 8729, which was introduced in the
House by Congressman Antonio M. Abaya as its principal
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use the language of the Explanatory Note of the proposed bill, the
City of Santiago is an island in the provincial milieu.
The residents of the city no longer participate in the elections,
nor are they qualified to run for any elective positions in the
Province of Isabela.
The Province of Isabela, on the other hand, is no longer vested
with the power and authority of general supervision over the city
and its officials, which power and authority are now exercised by
the Office of the President, which is very far away from Santiago
City.
Being geographically located within the Province of Isabela,
the City of Santiago is affected, one way or the other by the
happenings in the said province, and is benefited by its progress
and development. Hence, the proposed bill to convert the City of
Santiago into a component city of Isabela.
Mr. President, it is my pleasure, therefore, to present for
consideration of this august Body Committee Report No. 971 of
the Committee on Local Government, recommending approval,
with our proposed committee amendment, of House Bill No. 8729.
Thank you, Mr. President.
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As a matter of fact, the ones who will benefit from this are
the citizens of Santiago who will now be enfranchised in
the provincial electoral process, and whose children will
have the opportunity to grow into provincial leadership.
This is one of the prime reasons why this amendment is
being put forward.
While it is true that there may have been a resolution by
the city council, those who signed the resolution were
not the whole of the council. This bill was sponsored by
the congressman of that district who represents a
constituency, the voice of the district.
I think, Mr. President, in considering which interest is
paramount, whose voice must be heard, and if we have
to fathom the interest of the people, the law which has
been crafted here in accordance with the rules should be
given account, as we do give account to many of the
legislations coming from the House on local issues.
Senator Drilon. Mr. President, the reason why I am raising
this question is that, as Senator Roco said, just twoand
ahalf years ago we passed a bill which indeed
disenfranchisedif we want to use that phrasethe
citizens of the City of Santiago in the matter of the
provincial election. Twoandahalf years after, we are
changing the rule.
In the original charter, the citizens of the City of Santiago
participated in a plebiscite in order to approve the
conversion of the city into an independent city. I believe
that the only way to resolve this issue raised by Senator
Roco is again to subject this issue to another plebiscite as
part of the provision of this proposed bill and as will be
proposed by the Committee Chairman as an amendment.
Thank you very much, Mr. President.
Senator Alvarez. Mr. President, the Constitution does not
require that the change from an independent to a
component city be subjected to a plebiscite.
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SUSPENSION OF SESSION
RESUMPTION OF SESSION
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Mr. Justice Mendoza and Mr. Justice Buena also cite two
instances when allegedly independent component cities
were downgraded into component cities without need of a
plebiscite. 16They cite the City of Oroquieta, Misamis 17
Occidental, and the City of San Carlos, Pangasinan
whose charters were amended to allow their people to vote
and be voted upon in the election of officials of the province
to which their city belongs without submitting the
amendment to a plebiscite. With due respect, the cities of
Oroquieta and San Carlos are not similarly situated as the
city of Santiago. The said two cities then were not
independent component cities unlike the city of Santiago.
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time. Thus, when the case of San Carlos City was under 18
consideration by the Senate, Senator Pimentel explained:
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SEPARATE OPINION
VITUG, J.:
SEPARATE OPINION
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tional for lack of provision for a plebiscite, does not say that
the reclassification of Santiago City as an ordinary
component city constitutes creation, division, merger,
abolition, or substantial alteration of boundary.
Nonetheless, the Court today holds that because the
reclassification of the city would result in a material
change in the political and economic rights of the local
government units directly affected as well as the people
therein, the approval of the law in a plebiscite is required.
With all due respect I submit that not every change
however material and farreachingin the classification
of a local government unit requires popular approval. Only
if the reclassification involves changes in income,
population, and land area of the local government unit is
there a need for such changes to be approved by the people,
for then there would be a creation, division, merger,
abolition, or substantial alteration of the boundary of a
local government unit, as the case may be, within the
meaning of Art. X, 10 of the Constitution. Thus, the Local
Government Code (R.A. No. 7160), in implementing the
constitutional provision in question, states:
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3 LGC, 25.
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4 ART. X, 4.
5 LGC, 468(a)(1)(i).
6 Id., 25(a).
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7 ART. II, 1.
8 ART. VI, 1.
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9
Constitution, the act becomes a law without the need of
approval 10 or ratification by the people in order to be
effective.
This is the theory of representative government. Such a
government is no less democratic because it is indirect. In
some ways it is better than direct government given the
complexity of modern society, let alone the volatility of
voters and their susceptibility to manipulation. In this age
of mass communication there is less reason to distrust the
judgment of the peoples representatives in Congress on
matters such as this and, therefore, no reason to require
the people to manifest their sovereign will, except where
this is expressly required by the Constitution.
For the foregoing reasons, I vote to dismiss the petition
in this case.
DISSENTING OPINION
BUENA, J.:
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9 Id., 2627.
10 In the following cases, the Constitution requires a plebiscite or a
referendum to approve or ratify an act of Congress or of the President: (1)
the creation, division, merger, abolition, or substantial alteration of the
boundary of a local government unit [Art. X, 10] (2) the creation of a
special metropolitan political subdivision [Id., 11] (3) the creation of an
autonomous region [Id., 18] (4) the adoption of a new name, national
anthem, or national seal for the country [Art. XVI, 2] (5) referral to the
people of the question whether to call a constitutional convention [Art.
XVII, 3] (6) ratification of constitutional amendments [Art. XVII, 4]
and (7) the adoption of a treaty allowing foreign military bases, troops, or
facilities in the Philippines if Congress decides to refer the matter to the
people [Art. XVIII, 25].
Direct lawmaking by the people is provided through initiative and
referendum [Art. VI, 32 R.A. No. 6735] and ratification of constitutional
amendments through a plebiscite [Art. XVII, 4].
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638
Other than that, the Local Government Code uses the term
conversion only in the following instances: (1) Section 7,
which provides that [a]s a general rule, the creation of a
local government unit or its conversion from one level to
another shall be based on verifiable indicators of viability
and projected capacity to provide services, to wit: x x x x x
x (2) Section 450, which provides for the requisites for the
conversion of a municipality or a cluster of barangays into
a component city and (3) Section 462, which involves the
conversion of existing subprovinces into regular
provinces. 1
Senator Aquilino Pimentel, Jr. defines conversion, as
the elevation of an LGU from one level to another, like
converting a municipality to a city or a component city to a
highly urbanized one or the raising of the classification of
one municipality, city or province from a fourth class
category to third, second or first. It is my humble opinion
therefore that the requirement of a plebiscite does not
apply to the case at bar which does not involve the
upgrading or elevation of Santiago City but a downgrading
thereof.
2. I am not convinced that a mere Rule and Regulation
intended to implement the Local Government Code can
expand the terms and provisions clearly expressed in the
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3 Iglesia ni Kristo vs. Court of Appeals, 259 SCRA 529, pp. 547548.
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4 Tan vs. People, 290 SCRA 117 (1998) Tano vs. Socrates, 278 SCRA
154 (1997) Padilla vs. Court of Appeals, 269 SCRA 402 (1997) Alvarez vs.
Guingona, Jr., 252 SCRA 695 (1996) Drilon vs. Lim, 235 SCRA 135
(1994) Garcia vs. Comelec, 227 SCRA 100 (1993).
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